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Texas Laws | Probate Code
CHAPTER VII. EXECUTORS AND ADMINISTRATORS
PART 1. APPOINTMENT AND ISSUANCE OF LETTERS

The clerk shall also issue any number of letters as and when requested by the person or persons who hold such letters. (1815)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (1816)

Text of article effective until January 01, 2014 (1817)

Sec. 188. RIGHTS OF THIRD PERSONS DEALING WITH EXECUTORS OR ADMINISTRATORS. When an executor or administrator, legally qualified as such, has performed any acts as such executor or administrator in conformity with his authority and the law, such acts shall continue to be valid to all intents and purposes, so far as regards the rights of innocent purchasers of any of the property of the estate from such executor or administrator, for a valuable consideration, in good faith, and without notice of any illegality in the title to the same, notwithstanding such acts or the authority under which they were performed may afterward be set aside, annulled, and declared invalid. (1818)(Text)

(1819)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (1820)

PART 2. OATHS AND BONDS OF PERSONAL REPRESENTATIVES (1821)(Text)

Text of article effective until January 01, 2014 (1822)

Sec. 189. HOW EXECUTORS AND ADMINISTRATORS SHALL QUALIFY. A personal representative shall be deemed to have duly qualified when he shall have taken and filed his oath and made the required bond, had the same approved by the judge, and filed it with the clerk. (1823)(Text)

In case of an executor who is not required to make bond, he shall be deemed to have duly qualified when he shall have taken and filed his oath required by law. (1824)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 29, eff. Sept. 1, 1993. (1825)

Text of section as repealed by Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 10 effective January 1, 2014 (1826)

Sec. 190. OATHS OF EXECUTORS AND ADMINISTRATORS. (a) Executor, or Administrator With Will Annexed. (1827)(Text)

Before the issuance of letters testamentary or of administration with the will annexed, the person named as executor, or appointed administrator with the will annexed, shall take and subscribe an oath in form substantially as follows: "I do solemnly swear that the writing which has been offered for probate is the last will of ______, so far as I know or believe, and that I will well and truly perform all the duties of executor of said will (or of administrator with the will annexed, as the case may be) of the estate of said ______." (1828)

(b) Administrator. Before the issuance of letters of administration, the person appointed administrator shall take and subscribe an oath in form substantially as follows: "I do solemnly swear that ______, deceased, died without leaving any lawful will (or that the named executor in any such will is dead or has failed to offer the same for probate, or to accept and qualify as executor, within the time required, as the case may be), so far as I know or believe, and that I will well and truly perform all the duties of administrator of the estate of said deceased." (1829)

(c) Temporary Administrator. Before the issuance of temporary letters of administration, the person appointed temporary administrator shall take and subscribe an oath in form substantially as follows: "I do solemnly swear that I will well and truly perform the duties of temporary administrator of the estate of ______, deceased, in accordance with the law, and with the order of the court appointing me such administrator." (1830)

(1831)

Text of subsection as amended by Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 8 (1832)

(1833)

(d) Filing and Recording of Oaths. All such oaths may be taken before any officer authorized to administer oaths, and shall be filed with the clerk of the court granting the letters, and shall be recorded in the judge's probate docket. (1834)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. (1835)

Amended by: (1836)

Acts 2007, 80th Leg., R.S., Ch. 1170, Sec. 7.04, eff. September 1, 2007. (1837)

Acts 2009, 81st Leg., R.S., Ch. 602, Sec. 8, eff. June 19, 2009. (1838)

Acts 2009, 81st Leg., R.S., Ch. 680, Sec. 10(a), eff. January 1, 2014. (1839)

Text of article effective until January 01, 2014 (1840)

Sec. 192. TIME FOR TAKING OATH AND GIVING BOND. The oath of a personal representative may be taken and subscribed, or his bond may be given and approved, at any time before the expiration of twenty days after the date of the order granting letters testamentary or of administration, as the case may be, or before such letters shall have been revoked for a failure to qualify within the time allowed. (1841)(Text)

All such oaths may be taken before any person authorized to administer oaths under the laws of this State. (1842)

Acts 1955, 54th Leg., p. 88, ch. 55, eff. Jan. 1, 1956. Amended by Acts 1993, 73rd Leg., ch. 957, Sec. 30, eff. Sept. 1, 1993. (1843)

Text of article effective until January 01, 2014 (1844)

Sec. 194. BONDS OF PERSONAL REPRESENTATIVES OF ESTATES. Except when bond is not required under the provisions of this Code, before the issuance of letters testamentary or of administration, the recipient of letters shall enter into bond conditioned as required by law, payable to the county judge or probate judge of the county in which the probate proceedings are pending and to his successors in office. (1845)(Text)

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